Court rules retired university employee's challenge over property assignment lacks private interest, maintainable only as PIL.
In a notable judgment delivered on January 6, 2026, the Kerala High Court, presided over by Justice C. Jayachandran, addressed a writ petition filed by R.S. Sasikumar, a retired employee of Kerala University. The petitioner challenged a proposed assignment by the University, seeking to assert a private interest in the matter. However, the court ruled that the petition could only be maintained as a Public Interest Litigation (PIL).
The petitioner, represented by Senior Advocate Sri. George Poonthottam along with Advocates M/s. Nisha George and Akshara Raju, contended that, as a retired employee drawing a pension from the University, he had a vested interest in the assignment of the University's property. This claim was countered by the respondents, represented by Senior Advocate Sri. P. Sreekumar, Advocate Sri. S. Prasanth, and Sri. Thomas Abraham, the Standing Counsel for respondents 3 and 4.
Upon reviewing the arguments, Justice Jayachandran observed that a retired employee cannot claim any private interest in the assignment of University property that is recognizable under the law. The judgment highlighted that the petitioner's interest was too far-fetched to be considered as a private grievance. Consequently, the court determined that the nature of the litigation was public, given that the petitioner is an ex-employee and the matter pertains to public interest.
The court emphasized that the fact the petitioner receives a pension from the University does not confer upon him the status of an interested party in legal terms. Justice Jayachandran further noted that the affidavit submitted by the petitioner inherently presented the litigation as public rather than private.
The judgment concluded with directions for the Registry to place the matter before the court handling Public Interest Litigations, underscoring the public nature of the grievance rather than an individual concern.
This decision reinforces the principle that claims to private interest must be clearly recognizable under law, particularly in cases involving public institutions. It also underscores the judiciary's role in delineating public interest from private grievances in legal proceedings.
Bottom Line:
Writ Petition challenging assignment proposed by the University - Held, a retired employee of the University cannot have any private interest recognisable in law regarding assignment of University property - Litigation is public in nature and not to vindicate private grievance of the petitioner - Writ Petition maintainable only as Public Interest Litigation (P.I.L).
Statutory provision(s): Public Interest Litigation.
R.S. Sasikumar v. State of Kerala, (Kerala) : Law Finder Doc Id # 2833893
